what to do if the same.ssi judge keep denying you and your lawyer isnt.working

by Tillman Stoltenberg 7 min read

What happens when the disability judge denies your claim?

The Disability Judge Denied Your Claim – What Can You do Next? If the Social Security disability judge denies your case and sends you a decision marked “unfavorable” you will feel angry, offended and frustrated. After all, disability cases can take two to three years from the date of your application to the date you receive the denial.

Can a person be denied Social Security disability?

You may be eligible for Social Security disability but you are not entitled to anything. You (and your lawyer) have to prove that you meet SSA’s definition of disability. Some judges will look for a reason to deny your claim if they sense you have given up and decided for yourself that you are disabled.

How do Social Security judges decide disability cases?

How old are you? While Administrative Law Judges ( ALJs) who work for Social Security decide disability cases mainly on the weight of the medical evidence, including x-rays, lab panels, treatment notes, and statements from physicians, an applicant's appearance and testimony can be taken into account as well.

Should I tell the truth at my Social Security disability hearing?

The bottom line here is that you always want to tell the truth at your hearing, even if you are concerned that information you provide might hurt your case. Our experience has been that judges don’t expect disability claimants to sit at home in a recliner all day long, moaning in pain.

Why do I keep getting denied for SSI?

You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).

How many times can you be denied Social Security disability?

Even if you are denied social security disability 3 times you may be able to appeal or submit a new application.

What happens if you are denied disability twice?

Many applicants who are applying for SSDI are initially denied benefits. If this happens to you, you are able to file an appeal. if your claim is then denied a second time, you can request a hearing and continue the application process.

Is there a class action lawsuit against Social Security Administration?

A federal court has authorized a class action lawsuit against the Social Security Administration (SSA) on behalf of people with visual impairments who require communications from SSA to be in an accessible format in order to participate in the Social Security or SSI programs.

Can a decision by the ALJ be overturned?

The only way to overturn a decision made by an ALJ is to file an appeal with the Appeals Council. You can file an appeal to the Appeals Council by sending the SSA a letter or submitting Form HA-520.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

How do I fight SSI denial?

Appeal forms are available for download at www.ssa.gov/forms. You can also call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), or contact your local Social Security office to request appeal forms be sent to you.

Can I apply for SSI again?

There is no limit on the number of times you can apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). A more pertinent issue, if your benefit claim is denied, may be whether you are better off appealing the ruling or starting over with a new application.

What is the next step after being denied disability?

If you have been denied disability and can't work, you should file an appeal for reconsideration with the SSA. Filing a new claim after getting one denied simply leads to the same decision made for the first claim. Work with a Social Security attorney to get the compensation you deserve for your disability.

Who holds SSA accountable?

The Office of the Commissioner (OC) is directly responsible for all programs administered by SSA; for State-administered programs directed by SSA; and for certain functions with respect to the black lung benefits program.

Can a lawsuit settlement affect your Social Security disability payments?

Generally, if you're receiving SSDI benefits, you typically won't need to report any personal injury settlement. Since SSDI benefits aren't based on your current income, a settlement likely wouldn't affect them. But if you're receiving SSI benefits, you need to report the settlement within 10 days of receiving it.

Is SSI Federal?

SSI is a Federal program funded by general tax revenues (not Social Security taxes). It provides monthly payments to meet basic needs for food, clothing, and shelter. The base monthly federal amount varies depending on your living arrangement and countable income.

How long do you have to appeal a denied SSDI claim?

If you are denied SSDI or SSI benefits at the hearing level you also have 60 days to request a review by the Appeals Council. Because the approval percentage at this level is so low and the council often refuses to even review cases, many disability lawyers consider this step to be a waste of time and may tell their clients to apply a second time instead of making this last appeal.

Why is my disability lawyer so busy?

It could be that the disability lawyer is too busy or has too many cases to give the applicant the attention they deserve or the claimant could be the type that is difficult to reach, does not send information in a timely manner, moves and does not tell the lawyer or refuses to return phone calls.

Can I fire my disability lawyer during the disability process?

Yes, you can fire your disability attorney, but keep in mind, they are likely to get a percentage of your back pay if you do end up winning your disability case after they have been fired.

How long do you have to file for a hearing on SSDI?

If you have been denied at the reconsideration level you have 60 days to file a request for a hearing. Generally, if you have hired a disability lawyer they will also automatically file the request for the hearing. They should, however, continue to keep you abreast of all news about your SSI or SSDI case and you should understand that they are working on your case.

Is my disability lawyer still working on my case?

It could be that the disability lawyer is too busy or has too many cases to give the applicant the attention they deserve or the claimant could be the type that is difficult to reach, does not send information in a timely manner, moves and does not tell the lawyer or refuses to return phone calls.

What should your response to a judge's question be?

Your responses to a judge's questions should be full, forthright, and honest. Don't exaggerate your medical condition, pain, or the limitations caused by your physical or mental impairments.

How to prepare for a hearing?

Be Prepared. Take some time to review your medical file before the hearing. Make sure you are able to quickly and naturally answer questions about your medical condition, treatments, medications, and your limitations. Organizing your file is a good way to review information and dates.

Can you be late for a disability hearing?

There is simply no excuse for being late for your disability hearing. You will know the date, time and location of the hearing in advance. Do a dry run to make sure you know where to go, leave extra early, and plan in advance for an emergency such as how you will get there if your planned ride is suddenly unavailable.

Is a disability hearing adversarial?

Remember that the hearing is not adversarial. Any stress you have been feeling because your initial disability claim was denied needs to be checked at the door. The disability hearing is not the time or place to be rude or to vent your frustration at "the system.".

What to do if you question a ruling in court?

If you question a ruling against you within court, you may ask the court's permission to brief any issue before a ruling is handed down.

How will the error affect the case outcome?

How will the error affect the case's outcome? If a ruling is in doubt, it's best to err on the side of caution: assume every ruling will have an impact on every aspect of the case, from discovery boundaries to use of expert witnesses or the manner in which evidence will be presented at trial.

Can a judge's misapplication of the law be remedied?

Unfortunately, there are times when a judge's misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal. In these circumstances, the rules provide for an interlocutory appeal.

Why would a judge deny a claim?

Some judges will look for a reason to deny your claim if they sense you have given up and decided for yourself that you are disabled. You want to present yourself as a fighter – unhappy with your current medically unemployed status and ready to try anything to get back to work.

What to say when a judge asks you what you do during the day?

If the judge asks you what you do during the day, it is okay to say that you make yourself a quick breakfast or cup of coffee, that you watch TV, check your email or even that you spend time doing light cleaning, caring for pets or checking your email.

What is the key to success at a disability hearing?

The key to success at your disability hearing is preparation. A good lawyer will ask the same probing questions as the judge and when you prepare with your lawyer you get the benefit of expert advice about how to best answer.

How to avoid absolutes when testifying?

Try to avoid absolutes when you testify – words like never, always, and impossible. Also stay away from not very much, not too far, or not too long. These phrases mean nothing and can make your judge frustrated.

What happens if you lie about information the judge sees in your record?

Every case has flaws but if you lie about information the judge sees in your record, you will likely lose.

Can a judge expect you to sit in a recliner all day?

Our experience has been that judges don’t expect disability claimants to sit at home in a recliner all day long, moaning in pain. Your activities should not be equivalent to work but you will not be penalized if you maintain some form of routine. The key to success at your disability hearing is preparation.

Do you have to explain your prescriptions to a lawyer?

If you are not taking medications you may be deemed non-compliant with treatment and if you are obtaining pain medications from more than one doctor, you will have to explain yourself. Here, too, an honest sit-down with your lawyer prior to your hearing would be wise.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

Where to go if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What are some specific examples of the ethical duties of lawyers?

Among the highest responsibilities a lawyer has is his or her obligation to a client. A number of strict rules and commonsense guidelines define these responsibilities.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.